Question Discussion & Solution

The correct answer is Not less than 45.

• Establishment of Lokpal
  • The Lokpal shall consist of
    (a) a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person who fulfills the eligibility specified in clause (b) of sub-section (3); and
    (b) such number of Members, not exceeding eight out of whom fifty percent. shall be Judicial Members: Provided that not less than fifty percent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.
  • A person shall be eligible to be appointed —
    (a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court;
    (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
  • The Chairperson or a Member shall not be
    (i) a member of Parliament or a member of the Legislature of any State or Union territory;
    (ii) a person convicted of any offence involving moral turptitude;
    (iii) a person of less than forty-five years of age, on the date of assuming office as the Chairperson or Member, as the case may be;
    (iv) a member of any Panchayat or Municipality;
    (v) a person who has been removed or dismissed from the service of the Union or a State, and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be affiliated with any political party or carry on any business or practise any profession and, accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if—
    (a) he holds any office of trust or profit, resign from such office; or
    (b) he is carrying on any business, sever his connection with the conduct and management of such
    business; or
    (c) he is practising any profession, cease to practise such profession.

The correct answer is the Preamble and the Directive Principles of State Policy.

PREAMBLE:

1. It is a short introduction to the Indian Constitution.
2. According to the Preamble-

   Ø  The source of authority of the Indian Constitution lies with the Indian people.

   Ø  India is a Sovereign, Socialist, Secular, Democratic, and Republic nation.

   Ø  Objectives - to secure justice, liberty, equality to all citizens and promote fraternity so as to maintain unity and integrity of India.

3. The Preamble of the Indian Constitution secures the Social, Economic, and Political Justice of its people.
4. The Preamble of the Indian Constitution gives Liberty of Thought, Expression, Belief, Faith, and Worship to its people.
5. The Preamble of the Indian Constitution gives  Equality of Status and Opportunity to its people.

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP):

1. These are the 15 guidelines given to the federal institutes governing the State of India that are to be kept under consideration while forming the laws.
2. These are moral obligations and not the legal bindings on the state authorities.
3. Articles 36-51 in Part IV of the Indian Constitution contain the DPSP.
4. Borrowed from the Irish Constitution.
5. As per Article 38 of the DPSP, the state shall strive to promote the welfare of the people of India by securing and protecting their Social, Economic, and Political justice.

The correct answer is Gram Sabha.

• According to Chapter IV of the FRA, 2006, the Gram Sabha is the authority to initiate the process for determining the nature and extent of individual or community forest rights or both.

GRAM SABHA:

1. Gram Sabha is the authority for Scheduled Tribes and Other Traditional Forest Dwellers within the local limits of its jurisdiction.
2. It receives claims, consolidates and verifies them, prepares a map delineating the area of each recommended claim in such manner as may be prescribed for the exercise of such rights.
3. It then passes a resolution to the effect, and thereafter forwards a copy of the same to the Sub-Divisional Level Committee.

STATE LEVEL MONITORING COMMITTEE: 

      ♦ According to Section 6(7) of FRA, the State Level Monitoring Committee has to perform the following functions:

1. Monitor the process of recognition and vesting of forest rights.
2. Submit to the Nodal Agency, the returns and reports demanded by it.

NODAL AGENCY:

      ♦ According to Section 11 of the FRA, the following may be the Nodal Agency:

1. Ministry of Tribal Affairs
2. Any officer or authority authorized by the Central Government on this behalf.

• The State Governments/UTs ensure that no eligible claim is rejected.

The correct answer is 214. 

• According to Article 214 of the Constitution, a High Court has been established in every state.
• The Chief Justice of the state is appointed by the President in consultation with the Chief Justice of India and the Governor of the state.
  • Each judge of the High Court can hold office until the age of 62 years.
  • The High Court judges submit their resignations to the Governor.
  • The High Court judge can only be removed on the charge of incompetence.
  • Removal is the same as the impeachment of the President.

Key Points

• The Rajasthan High Court in Rajasthan was established in 1949 in Jodhpur.
• A block bench of it was established in Jaipur.
• Currently, 50 judges have been appointed in the Rajasthan High Court.
• The first judge of the Rajasthan High Court was Mr. Kamalkant Verma.
• In Rajasthan, it has a district court for civil cases and a sessions court for criminal cases.

Additional Information

• Article 231 - It states that there can be one high court for two or more states or for union territories.
• Article 217 - Qualifications of Judge of High court.
• Article 220 - After retirement, a judge of a High Court, except the Supreme Court or any other court, cannot advocate it in the court or in the subordinate courts and can not take any post of profit under the government.

The correct answer is 17.

Key Points

• Untouchability is neither defined in the Constitution nor in the Act.
  • It refers to a social practice that looks down upon certain depressed classes solely on account of their birth and makes any discrimination against them on this ground.
  • In 1976, it was made more stringent and was renamed ‘The Protection of Civil Rights Act, 1955.
  • It defines ‘Civil Right’ as ‘any right accruing to a person by reason of the abolition of untouchability by 'Article 17 of the Constitution.’
  • All offenses under the Act have been made non-compoundable. 

Additional Information

• Article 14 of the Indian Constitution states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”.
• Article 48 of DPSP in the Indian Constitution directs the State to prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds.
• Article 22 is one such Fundamental Right that safeguards the rights of individuals who have been arrested and detained for committing an offence.